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Un authorised occupattion of property

(Querist) 04 August 2017 This query is : Resolved 
Dear sir,
My father in law has given my wife some agricultural land in Tamilnadu by a registered dhanapathiram..
My father in law was managing the Land . After he died my brother in law was managing the Land. Brother in law
was running a finance company and he could not repay the deposit collected by him.So he was arrested a case was filed in Economic offence wing by the depositors.and the case is in Economic offences court Madurai. He was arrested in the year 2003 /2004.
One of the person who gave money to my brother in law occupied the land and he is cultivating the land.
When we approached him he says he has given money to my brother in law and so he has taken the land.
We have the original document and patta. Since he has occupied the land nobody is willing to buy this Land.
My brother in law is not responding to us.

how can we get back our Land ? kindly advice us.
Ms.Usha Kapoor (Expert) 05 August 2017
If you or your brother in law pays the dues the man(lender) will vacate the land and you can reoccupy it.Be prepared to pay the dues of the lender who occupied your land.You can also file a civil suit for recovery of unauthorized possession of the land based on original documents and patta with you from the occupier-lender. along with mesne profits and temporary injunction restraining that lender from cultivating the land till disposal of suit or you can also negotiate with the lender to buy the land at a profitable rate.

Ms.Usha Kapoor (Expert) 05 August 2017
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ksethuramalingam (Querist) 05 August 2017
Thank u for your reply. My brother in law is not willing to pay the money.He is not in talking terms with us.
More over he is not interested to repay the money to depositors so he is dragging the case in the Economic offences court.Actually my brother in law is the real culprit. Should we also make him a party to the case.
Shall we give a petition in the Economic offences court.
P. Venu (Expert) 05 August 2017
The property belongs to your wife. She can move an action, civil as well criminal, against the person in unauthorized occupation. The creditors of your brother-in-law cannot lay any charge over the land.
Rajendra K Goyal (Expert) 05 August 2017
File case for immediate possession and mens profit over the land.

It seems you are living out, may not be able to indulge in disputes. You may sell the property and let the purchaser get it vacated. You may not be able to get market price of the property.
Ms.Usha Kapoor (Expert) 05 August 2017
P. Venu (Expert) 05 August 2017
As the property has already been settled in favour of the wife, brother-in-law is a stranger as far as the right, title and interest therein. He need not be a party to the suit.
Dr J C Vashista (Expert) 06 August 2017
I fully agree and appreciate expert advise of Mr. P Venu, your wife (being titleholder) should file a suit through a local lawyer for possession impleading her brother declaring him tresspasser.

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